73rd Legislative Session -- 1998
Committee: House Health and Human Services
Friday, February 6, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Belatti
P
Davis
E
Eccarius
P
Fischer-Clemens
P
Hagen
P
Hassard
P
Kazmerzak
P
Madden
P
Peterson (Bill)
P
Van Gerpen
P
Windhorst
P
Monroe, Vice-Chair
P
Fiegen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Kristie Fiegen, Chair.
MOTION:
TO APPROVE THE MINUTES OF February 4, 1998.
Moved by:
Representative Kazmerzak
Second by:
Representative Madden
Action:
Prevailed by voice vote.
HB 1299:
to provide for a temporary permit to practice as an athletic trainer.
Proponents:
Dave Gerdes, Pierre Attorney, SDSMA
Opponents:
None
Presented by:
Rep. Schaunaman
MOTION:
AMEND HB 1299
j-1299
On page
1
,
line
7 of the printed bill
,
delete everything after "
chapter.
"
and insert "
Any applicant
granted a temporary permit shall practice as an athletic trainer only under the supervision or oversight
of a licensed physician, a licensed physical therapist, or a licensed athletic trainer.
"
.
On page
1
,
line
8
,
delete "
practice as an athletic trainer.
"
.
Moved by:
Representative Fischer-Clemens
Second by:
Representative Peterson (Bill)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1299 AS AMENDED
Moved by:
Representative Peterson (Bill)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Belatti, Davis, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Madden, Peterson
(Bill), Van Gerpen, Fiegen
Excused:
Eccarius, Windhorst, Monroe
MOTION:
PLACE HB 1299 ON CONSENT
Moved by:
Representative Fischer-Clemens
Second by:
Representative Davis
Action:
Prevailed by voice vote.
HB 1302:
to provide for and to regulate the practice of independent midwifery.
Proponents:
Leota Johnson, Firesteel
Rachel Stiegelmeier, Selby
Jon Wirchmann, Shadehill
Ericka Wirchmann, Shadehill
Opponents:
Doneen Hollingsworth, Pierre, Secretary of Health Department
Brett Koenecke, SD Nurses Assn.
Dave Gerdes, Pierre Attorney, SD State Medical Assoc.
Dave Hewett, Sioux Falls, SD Org. Of Nurse
Presented by:
Rep. Koskan
MOTION:
AMEND HB 1302
f-1302d
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
Any person who offers services as a certified professional midwife shall meet the
minimum general application requirements and be certified by the North American Registry of
Midwives as a certified professional midwife. The acceptance of the certified professional midwife
certification process for the purposes of this Act is contingent upon the review and approval of the
North American Registry of Midwives process by the Department of Health. The minimum general
application requirements for the certified professional midwife are:
(1) Attendance at a minimum of twenty births as an active participant;
(2) Attendance at a minimum of twenty births in addition to subdivision (1) of this section,
functioning in the role of primary midwife under supervision;
(3) Completion of seventy-five prenatal exams, twenty newborn exams, and forty postpartum
exams;
(4) Certification in cardiopulmonary resuscitation; and
(5) Completion of ten hours of continuing education each year.
The certified professional midwife shall demonstrate continuing competency by renewing the
certified professional midwife certification every three years. Any person who offers services as a
certified professional midwife under this Act is exempt from the provisions of chapters 36-2, 36-4, 36-
4A, 36-4B, 36-9, 36-9A, and 36-9B. Such person shall be reviewed twice each year through a
semiannual review by the Board of Certified Professional Midwives. The Board of Certified
Professional Midwives shall review the registration of a midwife for any case involving mortality or
morbidity at the board's next meeting. Any person who offers services as a midwife without meeting
the requirements of this section is guilty of a Class 2 misdemeanor.
Section
2.
Any person rendering services as a certified professional midwife shall have each client
sign and date an informed consent agreement in a form prescribed by the Board of Certified
Professional Midwives and shall keep such consent form on file for a period of three years. The
informed consent agreement shall include a description of the midwife's education, training, and
experience in midwifery; a statement recommending that the client have an alternative plan with a
physician who has seen the client during the current pregnancy; a statement concerning the availability
of grievance process; and other criteria as may be prescribed by the Board of Certified Professional
Midwives. A violation of this section is a Class 2 misdemeanor.
Section
3.
Nothing in this Act limits the right of any hospital to determine who may have practice
privileges within the hospital.
Section
4.
Any physician, certified nurse midwife, or hospital providing medical care or treatment
to a woman or infant due to an emergency arising during childbirth, as a consequence of the care
received by a certified professional midwife, may not be held liable for any civil damages as a result
of such medical care or treatment unless the damages result from providing or failing to provide
medical care or treatment under circumstances demonstrating a reckless disregard for the consequences
and affecting the life or health of the woman or infant.
Section
5.
The Governor shall appoint a Board of Certified Professional Midwives composed of
five members as follows:
(1) Three midwives, one of the midwives may be a certified nurse midwife;
(2) A person who has used a midwife during birth; and
(3) A representative of the Department of Health selected by the secretary.
The board members described in subdivisions (1) and (2) shall serve a term of three years, except
the initial appointees whose terms shall be staggered so that no more than two members' terms expire
in any one year. If a vacancy occurs, the Governor shall appoint a person to fill the unexpired term.
Section
6.
The Board of Certified Professional Midwives may promulgate rules pursuant to chapter
1-26 relating to midwives in the following areas:
(1)
Registration of midwives;
(2)
Registration and renewal fees;
(3)
Definition of terms;
(4)
Continuing education;
(5)
Complaints and grounds for disciplinary actions including revocation or suspension of the
midwife's registration;
(6)
Retention and inspection of records;
(7) The form of the consent form to be signed by each client; and
(8) Other criteria to be listed on the consent form.
Section
7.
Any money received by the Department of Health pursuant to this Act shall be deposited
in the general fund.
"
Moved by:
Representative Peterson (Bill)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1302 AS AMENDED
Moved by:
Representative Davis
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION DEFER HB 1302 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Hassard
Second by:
Representative Belatti
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Belatti, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Madden, Peterson (Bill), Van
Gerpen, Windhorst, Fiegen
Voting no:
Davis, Monroe
Excused:
Eccarius
HB 1285:
to restrict parental choice of certain nonmedical remedial health services
for children.
Proponents:
Joni Cooke, Sioux Falls, self
Rita Swan, Sioux City, IA, Child, Inc.
Mark Smith, Pierre, Hughes County States Attorney
Opponents:
Eileen Gundersen, Rapid City, Christian Scientists
Rita Houglum, Brookings, SD Eagle Forum
Presented by:
Rep. Steve Cutler
MOTION:
DO PASS HB 1285
Moved by:
Representative Madden
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Belatti, Davis, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Madden, Peterson
(Bill), Van Gerpen, Monroe, Fiegen
Excused:
Eccarius, Windhorst
HB 1194:
to define spinal manipulation and to regulate its use.
Proponents:
Dr. Tom Ivey, Aberdeen, SD Chiropractors
Dr. Alan Juel, Rapid City, SD Chiropractors
Dr. Chris Brandner, Sioux Falls, SD Chiropractors
Opponents:
Kelley Coleman, Winner, SD Physical Therapists
Mike LaTour, Rapid City, SD Physical Therapists
Dave Hewett, Sioux Falls, SD Assn. Of Healthcare Org
Tim Dougherty, Sioux Falls, SD Physical Therapy Assn.
MOTION:
DO PASS HB 1194
Moved by:
Representative Hassard
Second by:
Representative Madden
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1194 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Davis
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Belatti, Davis, Fischer-Clemens, Hagen, Kazmerzak, Peterson (Bill), Van Gerpen,
Windhorst, Fiegen
Voting no:
Hassard, Madden, Monroe
Excused:
Eccarius
HB 1319:
to provide for nursing home construction on an Indian reservation.
Proponents:
Wanda Marks, Ft. Thompson, Crow Creek Sioux Tribe
Arlene Voice, Ft. Thompson, Crow Creek Sioux Tribe
Elaine Quiver, Pine Ridge, Elderly Pine Ridge ReservationAlice Swift Bird, Elderly
Pine Ridge
Presented by:
Rep. Hagen
Chair will hold over HB1319 until next week.
HB 1240:
to expand the limitations on educational activities within the Temporary
Assistance for Needy Families program.
Presented by:
Rep. Peterson
MOTION:
DEFER HB 1240 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Peterson (Bill)
Second by:
Representative Madden
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Belatti, Davis, Hagen, Hassard, Kazmerzak, Madden, Peterson (Bill), Van Gerpen,
Windhorst, Monroe, Fiegen
Excused:
Eccarius, Fischer-Clemens
MOTION:
ADJOURN
Moved by:
Representative Peterson (Bill)
Second by:
Representative Madden
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Kristie K. Fiegen, Chair
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